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Environmental Law Commons

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2005

Constitutional Law

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Articles 1 - 15 of 15

Full-Text Articles in Environmental Law

Recent Developments In The Law Of The "Taking Issue", John C. Keene Nov 2005

Recent Developments In The Law Of The "Taking Issue", John C. Keene

ExpressO

No abstract provided.


Are Property Owners Constitutionally Entitled To Compensation For Environmental Remediation Funds?, Andrew Hysell Oct 2005

Are Property Owners Constitutionally Entitled To Compensation For Environmental Remediation Funds?, Andrew Hysell

Buffalo Environmental Law Journal

No abstract provided.


Rhode Island Court Resolves Palazzolo, Jonathan Lew Oct 2005

Rhode Island Court Resolves Palazzolo, Jonathan Lew

Sea Grant Law Fellow Publications

No abstract provided.


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn Sep 2005

Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn

Washington and Lee Law Review

No abstract provided.


Interstate Commerce And Interstate Endangered Species: The Controversy And The Need For Compromise, Paul Ziel May 2005

Interstate Commerce And Interstate Endangered Species: The Controversy And The Need For Compromise, Paul Ziel

Brigham Young University Journal of Public Law

No abstract provided.


Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis Mar 2005

Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis

ExpressO

This paper analyzes water as a social justice issue in South Africa, a nation that has undergone tremendous political and legal transformations over the last fifteen years, but whose population nonetheless continues to suffer from severe inequities in access to freshwater resources. In light of growing water scarcity worldwide, this paper highlights that legal treatment of water resources has significant socioeconomic and distributive justice impacts, even in progressive constitutional democracies that have embraced principles of human rights and international legal norms. The paper explores historical changes in South African water law and evaluates the current political and legal status of …


Where Constitutional Law And Environmental Law Intersect, James R. May Jan 2005

Where Constitutional Law And Environmental Law Intersect, James R. May

James R. May

No abstract provided.


The Constitutional Right To Water In Uruguay, Rachael Moshman Jan 2005

The Constitutional Right To Water In Uruguay, Rachael Moshman

Sustainable Development Law & Policy

No abstract provided.


Obligations Of State And Non-State Actors Regarding The Human Right To Water Under The South African Constitution, Anna R. Welch Jan 2005

Obligations Of State And Non-State Actors Regarding The Human Right To Water Under The South African Constitution, Anna R. Welch

Sustainable Development Law & Policy

No abstract provided.


The Manacled Octopus: The Unitary Executive And Epa Enforcement Involving Federal Agencies, William C. Tucker Jan 2005

The Manacled Octopus: The Unitary Executive And Epa Enforcement Involving Federal Agencies, William C. Tucker

Villanova Environmental Law Journal

No abstract provided.


Congress, Cave Bugs, Courts And The Commerce Clause: Did The Fifth Circuit Figure Out How To Regulate Intrastate Activity Under The Endangered Species Act, John Gregory Koch Jan 2005

Congress, Cave Bugs, Courts And The Commerce Clause: Did The Fifth Circuit Figure Out How To Regulate Intrastate Activity Under The Endangered Species Act, John Gregory Koch

Villanova Environmental Law Journal

No abstract provided.


Judicial Federalism And The Future Of Federal Environmental Regulation, Jonathan H. Adler Jan 2005

Judicial Federalism And The Future Of Federal Environmental Regulation, Jonathan H. Adler

Faculty Publications

This article assesses the current and likely impact of the Supreme Court's federalism cases on federal environmental regulation. As a result of this assessment, the article seeks to make four points: (1) Thus far, the Supreme Court's federalism cases have had a limited impact on federal regulation, as federal courts have not used these cases as a basis for limiting the reach of federal regulatory authority. (2) Notwithstanding this limited impact, the underlying logic of the Supreme Court's cases does pose a challenge for federal regulation, particularly in the Commerce Clause context. (3) The thrust of the federalism cases makes …


Jurisdictional Mismatch In Environmental Federalism, Jonathan H. Adler Jan 2005

Jurisdictional Mismatch In Environmental Federalism, Jonathan H. Adler

Faculty Publications

Jurisdictional mismatch plagues contemporary environmental law and policy. The division of authority and responsibility for environmental protection between the federal and state governments lacks any cohesive rationale or justification. The federal government regulates in many areas where there is no clear analytical basis for federal involvement. At the same time, the federal government is relatively absent where a stronger federal presence could be justified. Conversely, states are precluded, discouraged or otherwise inhibited from adopting environmental protections where state efforts would be worthwhile. At the same time, state intervention seeps into areas where a dominant federal role would be more defensible. …


Human Nature, The Laws Of Nature, And The Nature Of Environmental Law, Richard J. Lazarus Jan 2005

Human Nature, The Laws Of Nature, And The Nature Of Environmental Law, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The essay is divided into three parts. Part I considers the ways in which the need for environmental law derives from the tendency of human nature to cause adverse environmental consequences and the ways in which the laws of nature make it more difficult to prevent those consequences absent the imposition of external legal rules. Part II describes how our nation's lawmaking institutions are similarly challenged by the laws of nature. This includes a discussion of how the kinds of laws necessary to bridge the gap between human nature and the laws of nature are systematically difficult for our lawmaking …